My husband and I have amicably agreed to end our 5 year marriage. We have lived in SC for about a year and a half. We have already sat down and listed who is going to take what from our possessions and whatnot. We are trying to keep lawyers out of this as much as possible because of the money involved.
I am COMPLETELY confused about the SC law on how to get divorced! We had discussed this once before when living in VA and it was really easy--you signed a separation agreement and filed it with the state and 6 months later either party could file for divorce. I'm hearing that SC does not have "legal separation" like that and you just have to not cohabitate for a year in order to file for divorce. My issue is...how do I PROVE we haven't cohabitated for a year??? This just all seems a bit shady to me.
You are right-SC does not have a legal separation. There is a 1 yr waiting period after you separate and file. You will each have to bring a person who can testify that you have been living separately for a year. A SC divorce can take more than 1yr to finalize and technically you can not date or cohabitate with someone else or you would be considered committing adultery.
You can do do the paperwork for your own divorce. It is called Pro-se. You take a class and fill out the paperwork. Then pay a filing fee for the paperwork. I'm not sure if you can get a pro-se divorce if there are children or assets.
-------------------- Message for my ex "I think you know by now, I'm not the person I used to be"